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Calcutta High CourtCRM/9050/2021allowed

Samsunnesha Khatun @ Samson Khatun @ Samsun And ORS v. The State Of West Bengal

2022-01-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. 9050 of 2021 (Via Video Conference) (AD) 25.01.2022 Court No.29 ( Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Uluberia P.S. Case No. 175 of 2021 dated 21/05/2021 under Sections 498A/304B/302/34 of the Indian Penal Code, subsequently charge sheeted under Sections 498A/304B/34 of the IPC and 4 of D.P. Act.

And In the matter of: Samsunnesha Khatun @ Samson Khatun @ Samsun & Ors.

....petitioners.

Mr. Maidul Islam Kayal Mr. Sarwar Jahan ...for the petitioners.

Mr. Shiladitya Banerjee ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. The husband is still in custody.

Learned Advocate appearing for the State draws the attention of the Court to the contents in the case diary including the post-mortem report. He submits that the police submitted charge sheet.

Considering the fact that the police submitted charge sheet and considering the involvement of the petitioners in the incident, we grant anticipatory bail to the petitioners. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- each with two sureties of like amount each to the

satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall appear before the jurisdictional Court on the dates fixed for trial and pray for regular bail within four weeks from date.

The application for anticipatory bail being C.R.M. 9050 of 2021 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)